B-192385, OCT 11, 1978

B-192385, OCT 11, 1978

DIGEST: PROTEST CONCERNING PROPRIETARY DATA WHICH DIRECTLY OR INDIRECTLY QUESTIONS RESPONSIBILITY OF ANOTHER CONCERN WILL NOT BE REVIEWED.

WORTHINGTON PUMP INC.:

REQUEST FOR QUOTATIONS (RFQ) NO. DLA700-78-Q-A623 WAS ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA) ON JUNE 16, 1978, TO SUPPLY THREE OF EITHER OF THE FOLLOWING BRONZE BUSHINGS: RPS INC. (RPS) PART NUMBER 10232, MANUFACTURED TO DRAWINGS PREVIOUSLY SUBMITTED TO DLA BY RPS, OR WORTHINGTON PUMP INC. (WORTHINGTON) PART NUMBER 17335P, MANUFACTURED TO CERTAIN WORTHINGTON DRAWINGS. IN RESPONSE TO THE RFQ, RPS AND WORTHINGTON QUOTED PRICES FOR THEIR RESPECTIVE ITEMS.

WORTHINGTON PROTESTS THE PROPOSED ISSUANCE OF A PURCHASE ORDER TO RPS FOR THE BUSHINGS. WORTHINGTON CONTENDS THAT A DRAWING REFERENCED IN THE RPS DRAWINGS ON FILE WITH DLA IS PROPRIETARY TO WORTHINGTON AND, THEREFORE, RPS CANNOT DELIVER THE ITEM IT WOULD BE OBLIGATED TO FURNISH UNDER THE PURCHASE ORDER. IN THE ALTERNATIVE, WORTHINGTON IMPLIES THAT RPS MAY BE CONTEMPLATING THE UNAUTHORIZED USE OF WORTHINGTON'S PROPRIETARY DRAWINGS TO FURNISH A CONFORMING PRODUCT.

WHETHER RPS HAS THE CAPACITY TO FURNISH A BUSHING IN ACCORDANCE WITH THE DRAWINGS FOR ITS PART NUMBER INVOLVES THE FIRM'S RESPONSIBILITY. WE HAVE TAKEN THE POSITION THAT IF A PROTEST CONCERNING PROPRIETARY DATA DIRECTLY OR INDIRECTLY QUESTIONS THE RESPONSIBILITY OF ANOTHER CONCERN, THE MATTER IS NOT APPROPRIATE FOR OUR REVIEW. POLARAD ELECTRONICS CORPORATION, B-187517, NOVEMBER 9, 1976, 76-2 CPD 396. THEREFORE, THE PROTEST IS DISMISSED.